Western District of Texas • 5:26-cv-03276

Orellana Osorio v. Mullin

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Case Information

Filed: May 19, 2026
Assigned to: Xavier Rodriguez
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: August 24, 2026
Parties: View All Parties →

Docket Entries

#1
May 19, 2026
Petition for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ATXWDC-21976641), filed by Jeffry Alexander Orellana Osorio. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit)(Garza Izaguirre, Patricio) (Entered: 05/19/2026)
Main Document: Petition for Writ of Habeas Corpus
May 19, 2026
Case assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (ab5)
May 19, 2026
To be Referred to SA Mag Judge
May 19, 2026
Case Assigned/Reassigned
May 19, 2026
If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (ab5)
#2
Jun 04, 2026
TEXT ORDER FOR SERVICE of 1 Writ of Habeas Corpus signed by Judge Xavier Rodriguez. It is ORDERED that notice of electronic filing of 1 Petition and this Order to the United States Attorney in San Antonio, Texas shall constitute service on the Federal Respondents and on all Respondents unless otherwise contested. It is FURTHER ORDERED that Respondents shall file a response to the Petition within seven (7) days of the date of service. The response must identify: (1) Petitioner's alleged country of birth, so that Petitioner can be located in the Online Detainee Locator System; (2) Petitioner's alleged date of entry and statutory basis for removability; (3) any previous immigration detention history, e.g., whether Petitioner has previously been subject to immigration detention and, if so, the approximate date of Petitioner's previous release into the interior; and (4) Petitioner's alleged immigration status, e.g., whether Petitioner has a pending claim for asylum, withholding of removal, or protection under the Convention Against Torture or is subject to a final removal order. Additionally, because this case appears to turn on whether Petitioners detention without a bond hearing violates the due process rights afforded to noncitizens who have established a substantial presence in the United States, Respondents must consider the Courts prior orders addressing this question and note any material factual differences between those cases and this one. E.g., Valencia Reyes v. Noem, No. SA-25-CV-1921-XR, 2026 WL 981034 (W.D. Tex. Feb. 25, 2026); Gonzalez Carrillo v. Bondi, No. SA-26-CV-778-XR, 2026 WL 981037 (W.D. Tex. Feb. 26, 2026). If Respondents so choose, in lieu of a full response, they may instead file a response indicating that there are no material factual differences here and preserving all legal arguments made by the Federal Respondents in those cases. It is FURTHER ORDERED that, if Petitioner elects to file a reply, Petitioner may do so no later than seven days after the Respondents file their answers/responses. (cb) (Entered: 06/04/2026)
Jun 04, 2026
Order
#3
Jun 11, 2026
RESPONSE FEDERAL RESPONDENTS RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS by Todd Blanche, Executive Office For Immigration Review, Markwayne Mullin, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Miguel Vergara. (Attachments: # 1 Exhibit A)(Falcon, Barbara) (Entered: 06/11/2026)
Main Document: Response
#4
Jun 14, 2026
Memorandum in Support of 1 Petition for Writ of Habeas Corpus and reply to Respondent's response 3, by Jeffry Alexander Orellana Osorio. (Garza Izaguirre, Patricio) (Entered: 06/14/2026)
Main Document: Memorandum in Support
#5
Jul 07, 2026
ORDER FOR OMNIBUS ADVISORY. Signed by Judge Xavier Rodriguez. (r013) (Entered: 07/08/2026)
Main Document: Order
#6
Jul 13, 2026
ORDER VACATING re 5 Order for Omnibus Advisory and Order for ExParte Advisory. Signed by Judge Xavier Rodriguez. (r013) (Entered: 07/14/2026)
Main Document: Order
#7
Aug 23, 2026
MOTION for Temporary Restraining Order by Jeffry Alexander Orellana Osorio. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Garza Izaguirre, Patricio) (Entered: 08/23/2026)
Main Document: Temporary Restraining Order
Aug 24, 2026
Order on Motion for TRO
Aug 24, 2026
Text Order DENYING 7 Motion for TRO entered by Judge Xavier Rodriguez. This Court has received hundreds of habeas corpus petitions in recent months. This Petition will be assessed, and the Court will issue a ruling, in due course. Petitioners request in the alternative for an injunction against his transfer or removal is also denied. "A request for a stay of removal is a challenge to a removal order." See Imran v. Harper, No. 25-30370, 2026 WL 93131, at *1 (5th Cir. Jan. 13, 2026). District courts generally "lack[] jurisdiction to grant such relief." Id. Federal courts lack jurisdiction over "claims connected directly and immediately with a 'decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders.'" Humphries v. Various Fed. USINS Emps., 164 F.3d 936, 943 (5th Cir. 1999) (quoting 8 U.S.C. § 1252(g)). And the Court need not enjoin any transfer of Petitioner to a different detention facility, because such a transfer would not deprive the Court of jurisdiction over the Petition. See Griffin v. Ebbert, 751 F.3d 288, 290 (5th Cir. 2014). (This is a text-only entry generated by the court. There is no document associated with this entry.)